HC rejects TN govt's plea challenging Rs 100-cr NGT penalty

The Madras High Court on Friday dismissed a petition filed by the Tamil Nadu government, challenging the Rs 100 crore penalty imposed on the state by the National Green Tribunal for not cleaning the Buckingham Canal, Adyar and Cooum rivers.

A Division Bench of Justices R Subbaiah and C Saravanan held the petition as not maintainable, saying as per Section 22 of the NGT Act, an appeal against any order of the tribunal can be made only in the Supreme Court.

"When there is an efficacious and statutory remedy of appeal available before the Honourable Supreme Court,this writ petition filed by the petitioner, as against the order dated 13.02.2019 passed by the tribunal, is not maintainable," it said.

The state Advocate General contended that Section 22 had a word "may" which meant an aggrieved person may either approach the Supreme Court or this court.

Rejecting his argument, the bench in its order said such submission made by the learned Advocate General cannot be countenanced. "Section 22 of the Act clearly stipulates that any person aggrieved by any award, decision or order of the tribunal may file an appeal to the Supreme Court."